The state Department of Commerce and Consumer Affairs (DCCA) and the state Boards and Commissions released a summary of disciplinary actions through the month of March 2022 taken on individuals and entities with professional and vocational licenses in Hawaii. These disciplinary actions include dispositions based upon either the results of contested case hearings or settlement agreements submitted by the parties. Respondents enter into settlement agreements as a compromise of claims and to conserve on the expenses of proceeding with an administrative hearing.
The DCCA and the Boards and Commissions are responsible for ensuring those with professional and vocational licenses are performing up to the standards prescribed by state law.
BOARD OF PRIVATE DETECTIVES AND GUARDS
Respondent: Kevin P. Lehano (Hawai’i)
Case Number: PDG 2017-40-L
Sanction: Voluntary Surrender of License, Compliance with Terms of Sentence in State of Hawaii vs. Kevin Lehano
Effective Date: 3-9-22
RICO alleges that on or about July 1, 2021, the Third Circuit Court entered its Judgment of Conviction and Probation Sentence (“Judgment”) in the State of Hawaii vs. Kevin Lehano, Crim. No. 3FFC-17-0000341, finding Respondent guilty of manslaughter and sentencing him to probation for a period of ten (10) years as of the date of the Judgment, in potential violation of HRS §§ 463-15, 436B-19(12) and 436B-19(17) and HAR §§ 16-97-46(5) and 16-97-46(17). (Board-approved Settlement Agreement.)
BOARD OF PHARMACY
Respondent: Airgas USA, LLC
Case Number: PHA 2021-19-L to PHA-2021-26-L (8 cases)
Sanction: $3,000 fine
Effective Date: 3-17-22
RICO alleges that Respondent was disciplined by the State of Ohio, in potential violation of HRS § 436B-19(13). (Board-approved Settlement Agreement.)
Respondent: Universal Health Network, LLC
Case Number: PHA 2020-164
Sanction: $500 fine
Effective Date: 3-17-22
The Board adopted the Hearings Officer’s recommended decision and found and concluded that Respondent violated HRS § 436B-19(13). (Board’s Final Order after contested case hearing.)
BOARD OF NURSING
Respondent: Barbara McLaurin
Case Number: RNS 2021-338-L
Sanction: Voluntary Surrender of License
Effective Date: 3-14-22
RICO alleges that on or about December 5, 2017, a Final Order was issued against Respondent by the Mississippi Board of Nursing, in potential violation of HRS § 457-12(a)(8). (Board-approved Settlement Agreement.)
BOARD OF MASSAGE THERAPY
Respondent: Gregory K. Miyashiro
Case Number: MAS 2021-60-L
Sanction: Voluntary Revocation of License and Agreement Not to Seek Renewal, Reinstatement, or Restoration or New License
Effective Date: 3-16-22
RICO alleges that Respondent engaged in sexual misconduct conduct during a massage therapy session on June 13, 2021. RICO also alleges that despite being convicted of prostitution on January 30, 2015, Respondent answered “No” to the question, “Have you ever been convicted of a crime in any jurisdiction that has not been annulled or expunged?” on his massage therapist application dated March 30, 2015, in potential violation of HRS §§ 452-24(a)(1), 452-24(a)(5) and 436B-19(9). (Board-approved Settlement Agreement.)
MOTOR VEHICLE INDUSTRY LICENSING BOARD
Respondents: Windward Wheels, LLC and Denise Saunders
Case Number: MVI 2015-16-L
Sanction: License revocation for five (5) years
Effective Date: 2-1-22
The Board adopted the Hearings Officer’s Findings of Fact Conclusions of Law and Recommended Order and found and concluded that Respondent violated HRS §§ 436B-16(a); 436B-19(8); 437-12(a) and (b); and 437-28(a)(2), (3) and (4). (Board’s Final Order after contested case hearing.)
REAL ESTATE COMMISSION
Respondent: Jennifer H. L. Randall (Maui)
Case Number: REC 2020-316-L
Sanction: $500 fine
Effective Date: 3-24-22
On November 29, 2021, RICO filed a Petition for Disciplinary Action alleging that Respondent violated the following provisions: HRS §§ 436B-19(12), (14), and (17). (Board-approved Settlement Agreement.)
CONTRACTORS LICENSE BOARD
Respondents: Banks Pacific Construction, Inc. and Darryl D. Banks (Maui)
Case Number: CLB 2019-149-L
Sanction: $4,000 fine
Effective Date: 3-24-22
RICO alleges that: Respondents failed to include the required disclosures in the contract, including the Contractor Repair Act notice, lien and bond rights, subcontractor’s names and license numbers, and percentage of work to be performed by subcontractors; Respondents permitted unlicensed individuals to perform electrical, plumbing, painting, tiling, and flooring work at the Project; and the work described above were outside the scope of Respondents’ licenses, in potential violation of HRS §§ 444-9.3, 444-9.5(a) – (c), 444-23(a), 444-25.5(b)(1)(2) and 444-17(12) and HAR §§ 16-77-80(a)(5) and (7). (Board-approved Settlement Agreement.)
BOARD OF BARBERING & COSMETOLOGY
Respondents: Adonai Salon LLC and Vera-Canales-Close, aka Vera Close
Case Number: BAR 2020-59-L
Sanction: $500 fine
Effective Date: 3-29-22
RICO alleges that Respondents permitted Zachary Close to practice barbering and hairstyling for compensation at Adonai Salon from Summer of 2019 through August 2020 without a license to practice barbering or hairstyling, failed to verify whether Zachary Close held a current license to practice barbering or hairstyling, and advertised Zachary Close as a hairstylist and master barber on Adonai Salon’s website located at https://www.adonaisalon.com/stylists through June 14, 2021, in potential violation of HRS §§ 439-17(d), 439-19(a)(3) and 439-19(a)(4). (Board-approved Settlement Agreement.)
SOCIAL WORKER LICENSING PROGRAM
Petitioner: Joanna Wyss (Hawai’i)
Case Number: RSW 2021-4-L
Tax Setoff: $200 fine
Effective Date: 3-22-22
RICO alleges that between 2007 and 2021, Respondent used three subsequent mailing addresses, but did not notify the Program of the changes to her mailing address within 30 days of the change, in possible violation of HRS § 436B-17. (Director approved Settlement Agreement.)
Copies of the decisions are available online at: http://cca.hawaii.gov/oah/oah_decisions/